Arsa payı (land share) – what it means for property owners in Turkey

Based on unit size, location, and total land area.

The 'arsa payı' is calculated by dividing the total land area by the sum of all units’ ‘değer payı’ (value shares). Each unit’s value share depends on factors like size, floor level, view, or amenities. For example, a 100 m² apartment on the 5th floor may have a higher value share than a 90 m² unit on the ground floor.

The formula is: (Unit’s value share / Total value shares) × Total land area. This fraction is recorded in the Tapu (title deed) as a decimal or percentage (e.g., 0.05 or 5%). Developers or surveyors typically determine these shares during construction.

Indirectly influences taxes and market price.

'Arsa payı' itself doesn’t directly set tax rates or resale value, but it impacts them. Property taxes (e.g., ‘emlak vergisi’) are based on the declared value of the unit and its land share. A higher 'arsa payı' may slightly increase annual taxes, though the effect is usually minimal.

For resale, buyers often check the 'arsa payı' to ensure fairness in pricing. Units with disproportionately low land shares (e.g., due to incorrect calculations) may raise red flags, potentially lowering demand or requiring price adjustments.

Only via legal procedures or court rulings.

Once registered in the Tapu, 'arsa payı' is legally binding and cannot be altered unilaterally. Changes require consensus among all property owners in the building or a court order. Common reasons for adjustments include:

• Errors in initial calculations (e.g., incorrect unit measurements).

• Structural modifications (e.g., adding a new floor or annex).

• Legal disputes over unfair distribution. Amendments must be approved by the land registry office and reflected in updated Tapu documents.

'Arsa payı' = land share; 'bağımsız bölüm' = independent unit.

'Arsa payı' refers to your share of the land, while 'bağımsız bölüm' (independent section) is the legal term for your individual unit (e.g., apartment, office, or shop) within a building. The Tapu lists both: the 'bağımsız bölüm' defines your private space, and the 'arsa payı' defines your land ownership rights.

For example, a Tapu might state: ‘Apartment 3 (bağımsız bölüm) with 0.04 arsa payı.’ This means you own 4% of the land plus the apartment itself. Both terms are essential for clarifying ownership boundaries.

Ensures fair land rights and avoids disputes.

For foreign buyers, 'arsa payı' is critical because it:

• Proves land ownership: Without it, you only own the structure, not the land beneath.

• Prevents fraud: Some sellers may misrepresent shares to inflate prices. Verifying the 'arsa payı' in the Tapu ensures transparency.

• Affects financing: Banks may assess land shares when approving mortgages.

• Clarifies common area rights: Your share determines voting power in building management decisions (e.g., renovations).

Listed in the Tapu (title deed) and kadastro records.

'Arsa payı' is officially recorded in two places:

1. **Tapu (Title Deed):** Under the ‘arsa payı’ or ‘pay’ section, shown as a decimal (e.g., 0.03) or percentage (3%). This is the primary legal proof.

2. **Kadastro (Cadastre) Records:** The land registry’s database includes the building’s total land area and each unit’s share. These records are accessible via the Turkish Cadastre Portal (requires Turkish ID).

Always cross-check the Tapu’s 'arsa payı' with the kadastro to ensure accuracy.

Property ownership may be legally incomplete.

If 'arsa payı' is omitted from the Tapu, the deed is likely invalid or incomplete. This could mean:

• The property is not legally divided (e.g., an unregistered building).

• The land share was not allocated during construction (common in older properties).

• There’s a clerical error in the registry.

Such cases require legal resolution, often involving:

• A court-ordered correction.

• Retroactive allocation via a surveyor’s report.

Never proceed with a purchase if 'arsa payı' is missing without consulting a lawyer.